[ RadSafe ] NYC Proposal to Permit Radiation Detectors

Mon Jan 7 14:56:47 CST 2008

Unfortunately the answers to all questions raised by this proposal can only
be answered after NYPD write the regulations needed to put the law into
effect.   As bad as this is for all of us who are in lines of work related
to ionizing radiation, this is even worse for democracy - for the proposal
would have the police write the law.

Clayton J. Bradt
Assistant Bureau Director
BERP
NYS Dept. of Health
518-402-7550

             "Edmond Baratta"                                          
             <edmond0033 at comca                                         
             st.net>                                                    To
                                       "Emer, Dudley" <EMERDF at nv.doe.gov>,
             01/07/2008 03:20          "Clayton J Bradt"               
             PM                        <cjb01 at health.state.ny.us>,     
                                       <radsafe at radlab.nl>             
                                                                        cc

                                                                   Subject
                                       Re: [ RadSafe ] NYC Proposal to 
                                       Permit Radiation Detectors      

It appears that the City of New york has gone over the 'edge'.  Many
Federal
agencies use 'radiation detectors' in their inspections and surveillance at

the borders, ports and airports.  The NY State Lab has portable radiaiton
surveillance detectors.  Does this mean they can't take them into the City?

Is this going to be a means of eventually obtaining more 'funds' when they
decide to charge Fees?

Ed Baratta

edm0nd0033 at comccast
----- Original Message -----
From: "Emer, Dudley" <EMERDF at nv.doe.gov>
To: "Clayton J Bradt" <cjb01 at health.state.ny.us>; <radsafe at radlab.nl>
Sent: Monday, January 07, 2008 1:11 PM
Subject: RE: [ RadSafe ] NYC Proposal to Permit Radiation Detectors

Clayton,

The proposed NYC law that I read uses the term "atmospheric detectors",
where your copy has that term as "detectors" with the word "atmospheric"
completely removed from all of the text. Take a look at this link and note
that the verbiage is different than the text posted. I believe they are
trying to regulate air monitoring equipment and not all types of detectors.

http://webdocs.nyccouncil.info/textfiles/Int%200650-2007.htm?CFID=903560&CFTOKEN=65171522

"§10-802  Permits for possession and deployment of atmospheric biological,
chemical and radiological detectors.  It shall be unlawful for any person
to
possess and/or deploy an atmospheric biological, chemical or radiological
detector in New York City unless such person holds a valid permit therefor,

provided that the commissioner may exclude by rule any atmospheric
biological, chemical and radiological detector which shall not require such

permit.  This section shall not apply to atmospheric biological, chemical
and radiological detectors possessed and/or deployed by the department of
health and mental hygiene or the fire department of the city of New York."

Note that in their definitions they don't define the term "atmospheric
radiological detector" only "radiological detector".

      "h.  The term "radiological detector" shall mean an instrument used
for the purpose of monitoring the release or presence of radiation or a
radiological substance."

Looking at section §10-805 b.

"b.  Any person deploying an atmospheric biological, chemical or
radiological detector shall immediately notify the police department if
such
detector indicates the presence of a biological agent, chemical agent,
radiation or radioactive substance at thresholds prescribed by the
commissioner in consultation with the department of health and mental
hygiene and the department of environmental protection, notwithstanding
whether the person holds a permit for such detector, by following such
procedures as are prescribed by rule of the commissioner and/or are
included
as a term of the permit itself.  Such person shall comply with the
instructions of police department personnel and shall cooperate in any
resulting investigation."

It would seem the effort here is to attempt to control the release of
outside (non-health or fire department) data from air monitoring equipment.

I would also assume you'll be arrested if you don't cooperate with whatever

the police have to say.  I'd sure like to see the fine print details
presented in the "procedures as are proscribed by rule of the
commissioner".

Dudley Emer

Geophysicist

NATIONAL SECURITY TECHNOLOGIES, LLC

Nevada Test Site - Mercury, Nv  M/S NTS306

Tel:  (702) 295-7808 - Fax:  (702) 295-7761

Pager: 7027945824 at nv.doe.gov

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